Construction_Manager_at_Risk_(CMAR)_for_the_Substance_Use_Disorder_Recovery_Center.pdf

REQUEST FOR QUALIFICATION

24/25-127

CONSTRUCTION MANAGER AT RISK (CMAR) FOR THE

SUBSTANCE USE DISORDER RECOVERY CENTER

Clay County

477 Houston Street

Green Cove Springs, FL 32043

RELEASE DATE: September 11, 2025

LAST DATE FOR INQUIRIES: September 23, 2025, 4:30 pm

BID DUE: October 2, 2025, 4:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/claycounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

Clay County

REQUEST FOR QUALIFICATION

Construction Manager at Risk (CMAR) for the Substance Use Disorder

Recovery Center

I. Introduction II. Instructions to Bidders

III. Scope of Work IV. Evaluation Phases V. Supplier Questionnaire

Attachments:

A - Chapter 8

B - W-9 (2024)

C - EFT FORM

D - Certificate of partial payment

E - Certificate of final payment

F - Appendix II for 2 CFR Part 200

G - 2023-2024-150 FDCF Fixed Capital Outlay Grants & Aids signed - signed

H - Owner-Direct Purchase Programs

Request For Qualification #24/25-127 Title: Construction Manager at Risk (CMAR) for the Substance Use Disorder Recovery Center

1. Introduction

The mission of the Purchasing Department is to provide fair and equitable treatment of all persons involved in public purchasing by the County, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity.

1.1. Summary

The Clay County Board of County Commissioners (County) is requesting Statements of Qualifications from interested and qualified Contractors to provide Construction Manager at Risk (CMAR) services for

Substance Use Disorder Recovery Center

These services shall include, but are not limited to providing design phase assistance and complete construction services with a Guaranteed Maximum Price (GMP) for the construction of a remodeled retail space into a Substance Use Disorder Recovery facility.

Bidders shall submit all inquiries regarding this RFB in the "Question and Answer" tab of the RFB. See

"Inquiries/Questions" in the "Instructions to Bidders" below for more information.

Bidders are prohibited from contacting, by any means, whether orally, telephonically, electronically or in writing, any member of the Board, any County employee, including the County Manager, the County

Attorney or the Commission Auditor, any member of the designated Evaluation Committee or any agent of the County regarding the Request for Bids in any respect during the Request for Bid Period. The

Request for Bid Period during which no contact may occur commences from the date of publication of the notice of a Request for Bids and ends upon a Bid Decision becoming final, i.e. after the notice of bid protest period of 72 hours has expired. However, in the event of a notice of protest, the no contact rule continues in place during the Protest Period and does not end until a resolution of the protest has occurred and become final. The following exceptions exist to the no-contact rule:

A. Inquiries may be submitted to the Purchasing Department if specifically provided in the Request for Bids;

B. Pre-bid conferences provided for in the Request for Bids; and

C. Formal presentations by Bidders to the designated Evaluation Committee or to the Board or any committee thereof specifically contemplated in the Request for Bids.

The Board reserves the right and power to reject any and all Bids without cause and to waive technical and non-technical or non-material defects in the Request for Bids or submittal of any Bid, and in its discretion to re-advertise the Request for Bids. The Board reserves the right to award Request for Bids which would be in the Best Interest of the County. Interested vendors are advised that the Clay County

Board of County Commissioners has a local preference policy and Buy American policy. The complete policy for both can be viewed at: https://www.claycountygov.com/government/purchasing/vendor-information.

https://www.claycountygov.com/government/purchasing/vendor-information

FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A

“NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET

AT:https://procurement.opengov.com/portal/claycounty?status=all.

THIS WEBPAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE

AT:https://www.claycountygov.com/government/purchasing/formal-bid-solicitations

PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE A PROPER BID BOND OR OTHER

SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, IF REQUIRED FOR THIS REQUEST, WILL RESULT IN REJECTION OF THE BID AND SHALL, AS WELL AS THE FAILURE TO FILE A WRITTEN

NOTICE OF PROTEST AND TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING

WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN CHAPTER 8, SECTION I OF THE COUNTY’S

PURCHASING POLICY SHALL, CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID REQUEST, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL

PROTEST PROCEEDING UNDER THE PURCHASING POLICY. THE COUNTY’S PURCHASING POLICY CAN BE

VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE

ADDRESS SET FORTH ABOVE.

IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS REQUEST REQUIRES A BID BOND, SUCH

PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY.

THE BOARD RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS WITHOUT CAUSE AND TO WAIVE

TECHNICAL AND NON- TECHNICAL OR NON-MATERIAL DEFECTS IN THE REQUEST OR SUBMITTAL OF

ANY BIDS.

A PERSON OR AFFILIATE WHO HAS BEEN PLACED ON THE CONVICTED VENDOR LIST FOLLOWING A

CONVICTION FOR A PUBLIC ENTITY CRIME MAY NOT SUBMIT A BID ON A CONTRACT TO PROVIDE ANY

GOODS OR SERVICES TO A PUBLIC ENTITY, MAY NOT SUBMIT A BID ON A CONTRACT WITH A PUBLIC

ENTITY FOR THE CONSTRUCTION OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK, MAY NOT

SUBMIT BIDS ON LEASES OF REAL PROPERTY TO A PUBLIC ENTITY, MAY NOT BE AWARDED OR

PERFORM WORK AS A CONTRACTOR, SUPPLIER, SUBCONTRACTOR, OR CONSULTANT UNDER A

CONTRACT WITH ANY PUBLIC ENTITY, AND MAY NOT TRANSACT BUSINESS WITH ANY PUBLIC ENTITY

IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR

CATEGORY TWO FOR A PERIOD OF 36 MONTHS FROM THE DATE OF BEING PLACED ON THE

CONVICTED VENDOR LIST.

1.2. Contact Information

If you need immediate assistance, at any point during the solicitation process, please email the

Purchasing Department at: Purchasing@Claycountygov.com in addition to the Purchasing Department

Staff Member listed below.

The Department information listed below is strictly for visibility. Bidders are not to contact any agent of the County regarding the Request for bids in any respect during the Request for Bid Period.

Inquiries may only be submitted to the Purchasing Department.

Lynne Laganella

Strategic Sourcing Analyst https://procurement.opengov.com/portal/claycounty?status=all.

https://www.claycountygov.com/government/purchasing/formal-bid-solicitations mailto:Purchasing@Claycountygov.com

477 Houston St

Green Cove Springs, FL 32043

Email: lynne.laganella@claycountygov.com

Phone: (904) 284-6370

Department:

Capital Projects

Department Head:

Ed Dendor

Director of Capital Projects

1.3. Timeline

The proposed dates for the Evaluation Committee and Recommendation are subject to change.

It is the responsibility of the Bidder to monitor the County's calendar and Board of County Commissioner

Meeting Agendas for any adjusted dates.

The County reserves the right to alter dates as needed.

Clay Today Advertisement Date September 11, 2025

OpenGov Advertisement September 11, 2025

Last Date of Inquiries September 23, 2025, 4:30pm

Final Addendum September 26, 2025, 4:30pm

Bid Due October 2, 2025, 4:00pm

Bid Open October 3, 2025, 9:00am

Clay County Administration Building

Fourth Floor

477 Houston Street

Green Cove Springs, Florida 32043

Evaluation Committee Meeting Please visit the County's Calendar to review the

Evaluation Committee Meeting Date for this RFP.

https://www.claycountygov.com/government/cale ndar-of-events mailto:lynne.laganella@claycountygov.com tel:(904)284-6370 https://www.claycountygov.com/government/calendar-of-events https://www.claycountygov.com/government/agendas-and-minutes https://www.claycountygov.com/government/agendas-and-minutes

Estimated Date for Recommendation to

Board of County Commissioners

October 28, 2025, 4:00pm

2. Instructions to Bidders

2.1. Instruction to Bidders:

The term 'RFB' (Request for Bids) used throughout this solicitation is intended to be all-inclusive, encompassing competitive processes, such as Request for Bids (RFB), Request for Proposal (RFP), Request for

Qualifications (RFQ), Invitation to Negotiate (ITN), Best Final Offer, or Design-Build, and any similar solicitations. These instructions are derived from Clay County's purchasing policy.

2.2. Response to Request for Qualifications:

The County posts and distributes information pertaining to its RFB's on the County’s e-Procurement Portal. In order to submit a Bid to this RFB the Bidder must be registered with the County’s e-Procurement Portal.

The Bid, containing all required documents, must be received by 'Proposal Submission Time on 'Proposal

Submission Date electronically. Any required uploaded documents should be in PDF format and be labeled correctly, unless the Bid states otherwise. The PDF document should be titled with the Bidders name and RFB number.

THE COUNTY NOR THE PUBLIC PORTAL PLATFORM WILL ACCEPT LATE SUBMITTALS

The Bidder should retain a copy of all Bid documents for future reference.

All Bids should be submitted by an officer or employee having authority to bind the Bidder.

2.3. Addenda:

All Addenda language issued shall become part of the RFB and Contract documents, and receipt of Addenda must be acknowledged by the Bidder. If issued, Bidders will receive addenda notifications to their email once they have followed the RFB. Failure to acknowledge Addenda which have no effect on the competitive nature of the Bidding process may be a waivable deviation at the County’s sole discretion. Ultimately, it is the sole responsibility of each Bidder to periodically check the County’s e-Procurement Portal for any Addenda.

2.4. Addenda Distribution:

All Addenda distributed subsequent to the initial distribution of the RFB shall be posted in the County’s e-

Procurement Portal. It is the responsibility of the Bidder to verify if any Addendum(s) have been issued prior to submitting a Bid to an RFB. No Addendum shall be issued later than five (5) working days prior to the scheduled Bid Opening date.

2.5. Additional Evaluation:

The County reserves the right to request any additional information from Bidders after Bid Opening and before award as it may be necessary to assist in review and evaluation of any Bid prior to submittal of a recommendation for award to the Board of County Commissioners.

2.6. Americans with Disabilities Act:

In accordance with the Americans with Disabilities Act, any person needing a special accommodation to participate in this matter should contact the Clay County ADA Coordinator, by mail, at P.O. Box 1366, Green Cove Springs, FL 32043, or by telephone at (904) 269-6300, no later than three (3) days prior to the hearing or proceeding for which this notice has been given. Hearing impaired persons can access the https://procurement.opengov.com/portal/claycounty https://procurement.opengov.com/portal/claycounty https://procurement.opengov.com/portal/claycounty foregoing telephone number by contacting the Florida Relay service at 1-800-955-8770 (voice), or 1-800-

955-8771 (TDD).

2.7. Award:

Bid Awards for Request for Bids (RFB), where competitive price offer is the only determining factor, shall be awarded based on the lowest responsive and responsible bid. Awards for alternative competitive processes, such as a Request for Proposal (RFP), Request for Qualification (RFQ), Invitation to Negotiate

(ITN), Best Final Offer, or Design-Build, should be based on evaluation criteria specified in the request, in addition to price, to determine what is in the Best Interest of the County.

The term “Lowest Responsive Bid” shall mean the lowest Bid price submitted by a Responsive and

Responsible Bidder.

The term “Responsive Bidder” means a Bidder that has submitted a Bid, Proposal or reply that conforms in all material respects to the Request for Bids.

The term “Responsible Bidder” means a Bidder who has the capability in all respects to fully perform the

Contract requirements and the integrity and reliability that will assure good faith performance.

The County reserves the right to make an award either in part or completely, and/or to accept the bid that, in its judgment, will be in the best interest of the County; providing best value to the County with price, technical, and other applicable factors considered.

The County Reserves the right to award to multiple Bidders.

2.8. Bid Bond:

Bids require a five (5%) percent bid bond and may not be withdrawn after the scheduled opening time for a period of thirty (30) days. The term bid bond shall include bonds or cashier or certified checks payable to the County. Any Cashier or Certified Check must be uploaded with the Bid and the original

Cashier or Certified Check must be received by the Purchasing Department no later than two (2) business days after the RFB due date.

2.9. Bid Errors:

In case of unit price Bid items, if an error is committed in the extension of an item, the unit price as shown in the Bid response will govern. Errors between any sum, computed by the Bidder, and the correct sum thereof will be resolved in favor of the correct sum. Bidders are expected to examine the

RFB in its entirety . Failure to do so will be at the Bidder's risk.

2.10. Bid Preparation Costs:

By submission of a Bid, the Bidder agrees that all costs associated with the preparation of Bid will be the sole responsibility of the Bidder and shall not be borne by the County. The Bidder also agrees that the

County bears no responsibility for any costs associated with the preparation of their Bid and/or any administrative or judicial proceedings resulting from the RFB process.

2.11. Bid Protests:

Any person who is adversely affected by a RFB, by any Addendum thereto, or by a Bid Decision may file with the County Manager a written notice of Bid Protest no later than 4:30 p.m. on the third Business

Day immediately following the date notice is published, with respect to a Request for Bids; no later than

4:30 p.m. on the third Business Day immediately following the date of issuance, with respect to any

Addendum; and within 72 hours after the posting of the notice, exclusive of hours occurring during days that are other than Business Days, with respect to a Bid Decision. Full bid protest procedures can be found in the County Purchasing Policy, Chapter 8 Section (I) which is attached hereto or can be found on the County’s website at: https://www.claycountygov.com/government/purchasing/vendor-information

2.12. Business Registration Requirement:

In accordance with Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Department of Corporations. To be eligible to receive a contract and/or purchase order registration must be accomplished prior to the initial posting indicating intent to award to that Supplier. Failure to be registered may be cause for disqualification. Contact the Department of

Corporations at (850) 245-6000. Online-filing is available at: http://dos.myflorida.com/sunbiz

2.13. Cancellation of Bid:

Clay County reserves the right to cancel a RFB at any time prior to approval of the award. The decision to cancel a RFB cannot be the basis for a protest under the Bid Protest Procedures as referenced herein.

2.14. Conflict of Interest:

The award hereunder is subject to Chapter 112, Florida Statutes. All Bidders must disclose with their Bid any personal or organizational conflicts of interest pursuant to Section 112.313, Florida Statutes, the name of any officer, director, or agent who is also an employee of the Clay County Board of County

Commissioners. Further, all Bidders must disclose the name of any Clay County Board of County

Commissioners employee who owns, directly or indirectly, an interest of the Bidder or any of its branches.

2.15. Contractor Qualifications and Requirements:

All Contractors must be certified or registered pursuant to Chapter 489, Florida Statutes, or hold a Clay

County certification under Article III of Chapter 7 of the Clay County Code, as applicable, at the time of responding to a RFB and must submit evidence of such at the time of submission of any Bid.

The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. State of Florida, http://dos.myflorida.com/sunbiz

Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work. Said licenses shall be in the Bidder's name as it appears on their Bid. Bidders shall supply a copy of each applicable license showing the appropriate license numbers, with expiration dates as required by the County. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the Bid and/or termination of the Contract. Sub-Contractors Contracted by the

Prime Contractor shall be licensed in their respective fields to obtain construction permits from the

County. Said license must be in the name of the Sub-Contractor.

The following licensing requirements shall apply when applicable (Contractor Prequalification):

Florida Law and Rules of the State of Florida, Department of Transportation, require Contractors to be prequalified with the Department in order to bid for the performance of road, bridge, or public transportation construction contracts greater than $250,000.00. The Contractor Prequalification process results in the issuance of a Certificate of Qualification for each successful applicant which lists the approved work classes and the Maximum Capacity Rating in dollars. It is the responsibility of potential bidders to review the requirement listed on the Pre-Qualification Form and meet the qualifications listed at: https://www.fdot.gov/contracts/prequal-info/prequalified.shtm

Contractors not meeting the applicable work types associated with the scope of the work may utilize

Sub-Contractors to assist with meeting the requirement of all necessary prequalification work classes.

2.16. Copyright Restrictions:

Both the County seal and the County logo are registered for a copyright. Neither the Clay County seal nor the logo may be used or provided to non-Clay County government users for use on company Bids, presentations, etc.

2.17. Deviations:

Bidders are hereby advised the County will only consider Bids that meet the RFB requirements in its entirety. In instances where a deviation is stated in the Bid, said Bid will be subject to rejection by the

County.

2.18. Execution of Contract:

The awarded Bidder may be required to sign a written Contract. Said Contract will evidence in written form the agreement between the parties. The County permits the use of electronic signatures between the County, Suppliers, other agencies, customers, and members of the public in carrying out transactions by entry into Contracts, memorandums, or other types of agreements. Electronic signatures shall have the same force and effect as manual written signatures. Each person signing on behalf of the parties to a Contract must have full authority to execute the Contract on behalf of such party. The use of electronic signatures does not limit the County’s right or option to conduct a transaction in non-electronic form nor does it affect the obligation to have original hand-written signatures when required.

2.19. Indemnification:

Construction Services (per FS 725.06):

https://www.fdot.gov/contracts/prequal-info/prequalified.shtm

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the County including its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the

Contractor and persons employed or utilized by the Contractor in the performance of this Agreement.

Design Services (per FS 725.08):

To the fullest extent permitted by law and in accordance with Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the County, including its officers and employees, from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement.

Non-construction Services:

The Contractor shall promptly defend, indemnify, and hold harmless the County, and its directors, officers, employees, representatives, agents, boards and commissions from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines, orders, and/or judgments, either at law or in equity, including court costs, attorneys’ fees, professional fees, or other expenses, that may hereafter at any time be made or brought by anyone on account of personal or bodily injury, damage to or loss of property, loss of monies, death, or other loss, arising out of, by reason of, or in any manner connected with or related to the

Services provided under this Agreement.

2.20. Inquiries/Questions:

Bidders shall submit all inquiries regarding this RFB in the "Question and Answer" Tab of the RFB via the

County’s e-Procurement Portal, located at https://procurement.opengov.com/portal/claycounty. Please note the deadline for submitting inquiries listed in the the RFB’s Timetable. Once issued, Bidders will receive addenda notifications to their email once they have followed the RFB.

For more information/instruction on how to submit an inquiry/question, please visit:

https://opengov.my.site.com/support/s/article/12c62371-147b-45f4-9bcd-cf2ce5f58259

2.21. Insurance Requirements:

Awarded Bidder has 10 days from the execution of the Agreement to provide a Certificate of Insurance that is compliant with the required coverage.

a. Commercial General Liability

Coverage must be afforded under a Commercial General Liability policy with limits not less than:

• $1,000,000 each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and

Personal and Advertising Injury (project specific aggregate may be required for construction projects)

• $1,000,000 each occurrence and $2,000,000 aggregate for Products and Completed Operations

• $50,000 each occurrence for Damage to Rented Premises

• $5,000 Medical Expenses (any one person)

Commercial and General Liability policy must include coverage for contractual liability and independent contractors.

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b. Business Automobile Liability

Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and

Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Bidder does not own vehicles, the Bidder shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto

Liability policy.

c. Workers’ Compensation and Employer’s Liability

Any person or entity performing work for or on behalf of the County must provide Workers’ Compensation and Employer’s Liability insurance in limits not less than:

● Workers Compensation Statutory limits

● Employers Liability $100,000 Each Accident

$500,000 Disease Policy

$100,000 Disease-Each Employee

Exceptions and exemptions may be allowed by the County Manager, if they are in accordance with Florida

Statutes.

The Bidder waives, and the Bidder shall ensure that its insurance carrier waives, all subrogation rights against the County, its employees, agents, boards, and commissions, for all losses or damages. The County requires the policy to be endorsed with WC 00 03 13 Waiver of our Right to Recover from Others or equivalent.

The Bidder must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore Harbor Workers’ Act and the Jones Act, if applicable.

For any Bidder who has exempt status as an individual, the County requires proof of Workers’ Compensation insurance coverage for that Bidder’s employees, leased employees, volunteers, and any workers performing work.

d. Property Coverage (Builder’s Risk) – Applies to Construction related Projects

Coverage must be afforded in an amount not less than 100% of the total Project value, including soft costs, with a deductible of no more than $25,000 each claim. Named Windstorm Deductibles, if any, must be disclosed to the County.

Coverage form shall include, but not be limited to:

• All Risk Coverage including Flood and Windstorm with no coinsurance clause

• Waiver of Occupancy Clause Endorsement, which will enable the County to occupy the property/structure under construction/renovation during the activity

• Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project

• Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment

• LEG2 Coverage or equivalent

For installation of property and/or equipment, Builder’s Risk Installation insurance must be provided to include coverage for materials or equipment stored at the Project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost.

The Property Coverage (Builder’s Risk) policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the County as a loss payee. Additionally, the County shall be named as an Additional Insured for its interest in the property/structure and for any materials purchased directly by the County. This insurance shall remain in effect until the work is completed and the property has been accepted by the County.

e. Professional Liability and/or Errors and Omissions – Applies to Projects involving Professional Services

Coverage must be afforded for Wrongful Acts in an amount not less than $1,000,000 each claim and

$1,000,000 aggregate.

Insurance must be kept in force until the third anniversary of the expiration or termination of any Contract that may be entered into between the parties.

f. Umbrella/Excess Insurance

If the Bidder’s primary insurance policy/policies do not meet the minimum requirements, the Bidder may provide an Umbrella/Excess insurance policy to comply with the insurance requirements.

Providing and maintaining adequate insurance coverage is a material obligation of the Bidder. Upon being awarded the Bid and prior to commencement of the Services, the successful Bidder must deliver valid certificates of insurance for the required insurance coverage to the County’s Purchasing Department.

The certificates of insurance for the required coverages, with the exception of Workers’ Compensation, Employer’s Liability, and Professional Liability, shall name “Clay County, a political subdivision of the State of

Florida, and The Board of County Commissioners, Clay County, Florida, its employees, agents, boards and commissions, as their interests may appear” as “Additional Insureds”. The coverage shall contain no special limitation on the scope of protection afforded to the County, its employees, agents, officials, boards, and commissions. The certificates of insurance shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claimsmade form, the certificates of insurance will show a retroactive date, which should be the same date of the initial Contract or prior. The Contract number, Bid number, event dates, or other identifying reference must be listed on the certificates of insurance.

The Certificate Holder on the certificates of insurance should read as follows: “Clay County Board of County

Commissioners, P.O. Box 1366, Green Cove Springs, FL 32043” or as otherwise designated by the County’s

Purchasing Department.

The certificates of insurance shall be provided to the County with a thirty (30) day notice of cancellation; ten

(10) days’ notice if cancellation is for nonpayment of premium. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Bidder to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the Certificate Holder. In the event the Contract term goes beyond the expiration date of any insurance policy, the Bidder shall provide the County’s Purchasing Department with an updated certificate of insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The County reserves the right to suspend the Contract until this requirement is met. If any required insurance coverage is canceled, terminated, or revoked, the Bidder agrees to immediately suspend its operations until replacement insurance is obtained and verified.

Any exclusions or provisions in the insurance maintained by the Bidder that excludes coverage for work or services contemplated under the Bid shall be deemed unacceptable, a material violation of the County’s

Bidding requirements, and shall be considered a breach of any Contract entered into after a Bid Award.

It is the successful Bidder’s responsibility to ensure that all independent and subcontractors comply with the insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Bidder.

The County Manager may modify the insurance requirements for particular projects and/or Services.

2.22. Laws and Regulations:

The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this RFB. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract.

2.23. No Bid:

Each Bidder not intending to Bid should select the "No-Bid" button on the main screen of the posted RFB.

For more information/instruction on how to submit a "No-Bid", please visit:

https://opengov.my.site.com/support/s/article/c529de59-be0a-458f-82b0-9aaa0e3dfac1

2.24. No Contact Period:

Bidders are prohibited from contacting, by any means, whether orally, telephonically, electronically or in writing, any member of the Board, any County employee, including the County Manager, the County

Attorney or the Commission Auditor, any member of the designated Evaluation Committee or any agent of the County regarding the Request for bids in any respect during the Request for Bid Period.

The Request for Bid Period during which no contact may occur commences from the date of publication of the notice of a Request for Bids and ends upon a Bid Decision becoming final, i.e. after the notice of bid protest period of 72 hours has expired. However, in the event of a notice of protest, the no contact rule continues in place during the Protest Period and does not end until a resolution of the protest has occurred and become final.

The following exceptions exist to the no-contact rule:

A. Inquiries may be submitted to the Purchasing Department if specifically provided in the Request for Bids;

B. Pre-bid conferences provided for in the Request for Bids; and

C. Formal presentations by Bidders to the designated Evaluation Committee or to the Board or any committee thereof specifically contemplated in the Request for Bids.

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2.25. Payments:

All payments will be made in accordance with the Local Government Prompt Payment Act; related to non-construction services and construction services, as it may apply.

2.26. Performance and Payment Bond Requirements:

Awarded Bidder has 10 days from the execution of the Agreement to provide a compliant Performance and Payment Bond.

Performance and Payment Bonds are not required for projects of $200,000.00 or less. Prior to commencement of a project exceeding $200,000.00, in accordance with F.S. 255.05, the awarded Bidder shall file a 100% Performance Bond and Payment Bond (using Clay County’s Standard Form) in the Public

Record of Clay County, Florida, Recording Dept./Room 130, 825 North Orange Avenue, Green Cove

Springs, Florida 32043. The recorded Performance and Payment Bonds shall be provided prior to the commencement of construction to Clay County Purchasing Department, PO Box 1366, Green Cove

Springs, Florida 32043. Performance and Payment Bonds must be increased in accordance with any change order increases on the project.

2.27. Public Entity Crimes:

Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid for a

Contract to provide any goods or services to a public entity, may not submit a Bid for a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, Sub-Contractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida

Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a Bid - Bidder attests that they have not been placed on the Convicted Vendor

List.

2.28. Public Records

In accordance with Chapter 119 of the Florida Statutes (Public Records Law) and except as may be provided by other applicable State and Federal Law, all Bidders should be aware that Bids are public record. If the Bidder considers any portion of the documents, data or records within their Bid to be confidential and/or proprietary and which they believe to be exempt from disclosure, the Bidder must mark the document/response as “Confidential” in the applicable section, citing specifically the applicable exempting law and provide the County with a separate redacted copy of its Bid. Each RFB will provide a submittal section for a separate redacted copy.

In the event of a request for public records that is in accordance with the above mentioned authority, to which documents that are marked as confidential are responsive, the County will provide the Redacted

Copy to the requestor. The Bidder acknowledges that if the Bidder fails to submit a redacted copy of information it claims is confidential, the County is authorized to produce the entire documents, data or records submitted to the County in answer to a public records request for these records.

2.29. Qualification:

The County shall have the right to review the references, experience of assigned personnel, and qualifications of the Bidder in order to make the final determination of acceptability of the Bidder.

At the sole discretion of the County, such determination may result in the Bidder being deemed non-responsive.

2.30. Rejection:

The Board reserves the right to reject any and all Bids without cause and to waive technical and nontechnical or non-material defects in the request or submittals of any Bids.

2.31. Scrutinized Companies Certification:

In compliance with subsection (5) of Section 287.135(5), Florida Statutes the Bidder certifies that the company is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and is not engaged in business operations in Cuba or Syria as defined in subsection (1) of the Statute. The included

Scrutinized Companies Certification Form must be completed and returned as part of the Bid.

2.32. Sub-Contractors:

The County reserves the right to approve all Sub-Contractors. If Sub-Contractors are to be utilized, their names and references must be included within this Bid. Responsibility for the performance of the

Contract remains with the main Contractor exclusively. After the commencement of the project, Sub-

Contractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County.

2.33. Supplier Debarment:

By submitting a Bid, the Bidder certifies that it is not currently debarred from submitting Bids for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting Bids for contracts issued by any subdivision or agency of the State of Florida.

2.34. Use of Contract by other Government Agencies:

At the option of the Bidder, the use of the Contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivision, counties, and cities.

Each governmental agency permitted by the Bidder to utilize this Contract must operate autonomously from other governmental entities. Each agency is accountable for its own procurement and is only liable for the goods or services it orders, receives, and accepts. No agency assumes liability solely by participating in this bid and subsequent contract award.

2.35. Value Engineering

The County reserves the right to engage in value engineering discussions prior to the award of the RFB.

The County will give the lowest qualified Bidder the opportunity to determine if viable options exist to meet the budget threshold without substantially reducing the scope of the project as designed and solicited.

2.36. Waiver of Formalities/Rejection of Bids:

The County reserves the right to waive formalities in any Bid, to reject any or all Bids with or without cause, to waive irregularitiesechnicalities, and waive technical and non-technical or non-material defects in the Bid document or submittal of any Bid. Bids in which the prices obviously are unbalanced will be rejected. The County reserves the right to reject any and all Bids and to re-advertise for all or any part of this solicitation as deemed in its best interest.

2.37. Withdrawal of Bid:

Bids may be withdrawn by selecting "Unsubmit Proposal" at the bottom of the Bidders "OpenGov Proposal" screen before the date and time for receiving Bids has expired. Negligence on the part of the Bidder in preparing a Bid is not grounds for withdrawal or modification of a Bid after such Bid has been opened by the

County. Bidders may not withdraw or modify a Bid after the appointed Bid Opening, and Bids will be in force for a minimum of One Hundred and Twenty (120) days after the Bid Opening. Bidders may not assign or otherwise transfer their Bids.

For more information/instruction on how to Withdrawal a Bid, please visit:

https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe

3. Scope of Work

3.1. Purpose

The Clay County Board of County Commissioners (County) is requesting Statements of Qualifications from interested and qualified Contractors to provide Construction Manager at Risk (CMAR) services for Substance

Use Disorder Recovery Center located at 3166 County Road 220 Middleburg, FL 32068.

These services shall include, but are not limited to, providing design phase assistance and complete construction services with a Guaranteed Maximum Price (GMP) for the construction of a remodeled retail space into a Substance Use Disorder Recovery facility.

3.2. Background

This facility will address the County’s need for rehabilitation centers that promote health and well-being. The project involves remodeling an existing three hundred (300) square feet block-constructed retail building built in 2009. The existing footprint will remain unchanged.

The renovation will convert the space into a Substance Use Disorder Treatment Facility, accommodating both short-term and long-term residents. The design will also provide areas for staff, including offices, a lobby, and break rooms. Additional scope items to include, but not limited to, mechanical, electrical and plumbing systems, information technology (IT) infrastructure, janitorial spaces, exterior improvements, and site work upgrades.

All work will be performed in full compliance with all applicable local, state, and federal codes and regulations.

3.3. Geographic Information

Clay County, located southwest of Jacksonville along the St. Johns River, is experiencing significant growth and is expected to grow substantively over the next ten (10) years. Clay County is conveniently accessible via interstate, federal and state highways. US Highway 17 (SR 15) and SR 21 are primary arteries that connect to

Interstate 295. SR 23, known as the First Coast Expressway, bisects the County and when completed will provide a connection between Interstates 10 and 95. Clay County is made up of four (4) municipalities

(Orange Park, Green Cove Springs, Keystone Heights and Penney Farms) and various communities

(Middleburg, Fleming Island and Oakleaf).

The project is located in Middleburg community, near the intersection of CR220 and Henley Rd. This area is in close proximity to the First Coast Expressway.

3.4. Grant Funded

Construction of this project is being supported, in whole or in part, by the Florida's General Appropriations

Act, Line Item 378A for Fiscal Year 2023-024.

The CMAR must comply with all Federal laws, rules, regulations, and executive orders applicable to the receipt of funding from the Grant and will be subject to the provisions of the Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200) (the Uniform

Guidance), including the cost principles and restrictions on general provisions for selected items of cost.

3.5. County Selected Design Firm

The County has contracted with Walker Architects to serve as the Design Firm. Walker Architects, is directed by a single point of contact from the County.

3.6. CMAR Preconstruction and Construction Services

CMAR services to be provided shall include, but are not limited to, preconstruction, bidding, and phase services. Compensation to the CMAR for these services shall be a negotiated fee, based on a percentage of the cost of the work. A portion of the fixed fee for services shall be incrementally paid to the CMAR for preconstruction phase services. The County expects the Contractor to work with the selected Design Firm during the design phase of the project to cohesively develop a GMP for the County's approval. A Phase I

Contract will be issued for developing the GMP and preconstruction services. A separate Contract will be issued for Phase II upon acceptance of the GMP for construction. The Contractor is required to participate with the selected Design Firm and provide a cost estimate at 60% and 90% until a GMP is accepted by the

County.

Pre-Construction Services

During the preconstruction phase the CMAR shall provide service to include, but not limited to, the following:

o Interface with the Architect as required during the design phases of projects to establish a project team that includes the Engineer, design sub-consultants and the County, including attending all Architect meetings and review preliminary design drawings and specifications;

o Quality assurance of the design;

o Constructability and sustainability reviews;

o Code compliance review to ensure permits are attainable;

o Review and input of project cost and schedule;

o Review of proposed construction materials and systems;

o Project cost estimating and value engineering;

o Coordinating of competitive bidding and contracting for trade subcontractors;

o Preliminary site investigations;

o Presentation of the Contractor’s Preliminary Guaranteed Maximum Price( GMP) to the County based on 100% plans and specifications. GMP shall be inclusive of all elements of construction from the submission of all required up front documents to final inspection and acceptance by the County as a completed project including all required final close out documents;

o The oversight of any early preconstruction work deemed beneficial to the project by the County during the preconstruction phase, upon request by the County.

Note: All bids, quotes, etc. received by the CMAR from their respective subcontractors shall be subject to

County review and as such, all financial information relative to the project shall be made available at any time to the County and the Architect. The County Purchasing Department will work closely with the CMAR to establish a procedure to be used for soliciting and selecting subcontractors as well as material suppliers.

Construction Phase Services

The CMAR shall become the single point of responsibility for performance of the construction contract for the project. The CMAR shall function in the role as the general contractor and shall be responsible for the successful, timely, quality and economical completion of the project and ensure compliance with all insurance requirements and safety programs. The CMAR shall provide overall coordination, management, supervision, and scheduling of the work of each contractor/subcontractor and of the work of all separate multi-prime contractors with each other and with the activities and responsibilities of the CMAR and the

Architect so as to complete the project in accordance with the County’s objectives of safety, cost, time and quality. The CMAR shall be responsible for the preparation of the bid packages and will serve under the at-risk model. The CMAR shall be responsible for all elements of work that require subcontractors and shall be held responsible for replacement of subcontractors that fail to perform. The CMAR shall maintain accurate records for the County to include direct and indirect costs of services and equipment, change orders, direct purchases and both bidding and construction timelines. The services required for the construction phase shall include, but not be limited to, the following:

o Provide required insurance coverage and performance and payment bonds;

o Prepare an overall Construction Management Plan for the project;

o Prepare a construction schedule that will be updated throughout the construction phase;

o Apply for, obtain, coordinate and pay for all permits, inspections and tests and oversee quality assurances;

o Ensure quality control and value engineered drawings and specifications to construct the project at or below the authorized budget amount;

o Prepare monthly construction progress reports during the construction phase summarizing the work of the various subcontractors;

o Hold weekly construction progress meetings with County, Architect, and trade contractors and maintain a daily construction diary during the construction phase describing events and conditions on the site. Copies of this diary are to be provided to the County and the Architect on a monthly basis as a supplement to the construction progress reports. Meetings will include, but are not limited to, updated project completion percentage, open Request for Information, submittals, two week look ahead, and Owner Direct Purchases updates;

o Prepare a monthly construction costs status report that will include the budget, schedule of values, and awarded purchase orders for any given contract or budgeted line item;

o Development and management of all electronic records in a centralized, automated project management information system including project scheduling;

o Contracting with all sub-contractors, materials suppliers, surveying firms, testing and inspection firms, and equipment suppliers as necessary for the construction of the project;

o Coordination and cooperation with any third-party contracts or contractors that the County may provide for this project;

o Development and administration of quality control systems to ensure the work is performed in strict accordance with design requirements, applicable building codes and the County’s objectives;

o Preparation of County Owner Direct Purchase documents;

o Administration of jobsite safety programs that include monthly Recordable Incident Rate reports and progress meetings;

o Providing temporary facilities;

o Maintenance of on-site and off-site traffic;

o MOT plans, if applicable, in accordance with FDOT standards;

o Maintenance of all project records;

o Scheduling of inspections by authorities having jurisdiction over the project;

o Supervision of third-party testing to assure independence and proper conduct;

o Oversight of field surveying services;

o Administer post construction closeout, final completion, and start-up and warranty periods;

o Assist County with construction cost details/breakdowns for grant funding, when necessary.

3.7. Guaranteed Maximum Price

The selected CMAR shall prepare and submit a Guaranteed Maximum Price (GMP) proposal to the County after completion of the pre-construction services phase of the project. The GMP proposal must be prepared in accordance with the guidelines and delivered in the format specified by the County.